RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:  8 July 2004
      DOCKET NUMBER:  AR2004100103


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Stephanie Thompkins           |     |Analyst              |


  The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Ms. Gail Wire                     |     |Member               |
|     |Mr. William Powers                |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart.

2.  The applicant states that the award should be shown on his DD Form 214
(Report of Separation from the Armed Forces of the United States) and he
would like to receive a certified copy.

3.  The applicant provides no documents in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 April 1953, the date of his separation from active duty.
The application submitted in this case is dated 27 October 2003.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not  available  to  the  Board  for
review.  A fire destroyed approximately 18 million service members’  records
at the National Personnel Records Center in 1973.  It is believed  that  the
applicant’s records were lost or destroyed in  that  fire.   However,  there
were sufficient documents remaining in  the  reconstructed  record  for  the
Board to conduct a fair and impartial review of this case.

4.  The applicant's available records show that he enlisted in the Regular
Army as a private on 29 March 1950, for 3 years.  He was promoted to
private first class (temporary) on 12 November 1950.  He served overseas in
Japan and Korea for 1 year, 4 months and 13 days.

5.  The applicant was honorably discharged on 28 April 1953.  Entries on
his DD Form 214 do not show award of the Purple Heart.  Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) lists the following awards:  the Occupation Medal
(Japan), the Korean Service Medal w/ 3 bronze camp stars, the Combat
Infantryman Badge,




the United Nations Service Medal, and 2 overseas bars.  Item 29 (Wounds
Received as a Result of Action with Enemy Forces) shows the entry "Korean
Service 7 November 1951."

6.  The Office of The Surgeon General (OTSG) hospital admission card (page
114, microfiche 041) for the years 1950 to 1953 (Korea) shows that while
serving in Korea, the applicant was wounded in the foot by explosive
projectile shells on 7 November 1951 as a direct result of action against
or by an organized enemy.  The hospital admission card also shows he was
treated at an Army medical treatment facility overseas.

7.  The Korean War Casualty List (page 2007) shows the applicant’s name.

8.  There is no indication in the provided documents that he was awarded
the Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his unit commander for award of the Good Conduct Medal.
The documentation shows that the applicant was promoted on time and had no
lost time during his total length of service.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against the enemy or
as a result of hostile action.  Substantiating evidence must be provided to
verify that the wound was the result of hostile action, the wound must have
required treatment, and the medical treatment must have been made a matter
of official record.  This regulation also provides that there is no statute
of limitations on requests for award of the Purple Heart.

10.  The OTSG Files, a health record research project, commonly referred to
as the "SGO (Surgeon General Office) Files", involved transposing the
hospital admission card data from the periods of World War II and the
Korean conflict onto magnetic tape. In 1988 the National Research Council
made these tape files available to the National Personnel Records Center
(NPRC).  The availability of the information to the NPRC received
considerable publicity by the various veterans service organizations.  It
was widely believed that these tapes would become a valuable substitute for
the records lost in the NPRC fire of 1973.

11.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  The regulation states that, after 27 August 1940, three years of
qualifying service was required for award of the Good Conduct Medal.




12.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to correction to his separation document to
show award of the Purple Heart.  The OTSG hospital admission cards show he
was wounded on 7 November 1951, as a result of hostile action and was made
a matter of official medical record.

2.  Based on the available records the applicant's advancements and
completion of a period of qualifying service, it would be appropriate to
correct his records to show the first award of the Good Conduct Medal for
the period 29 April 1950 through 28 April 1953.

3.  The applicant is also entitled to award of the National Defense Service
Medal for his period of service in Korea.  Therefore, he is entitled to
have his records corrected to show this award on his DD Form 214, dated
28 April 1953.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 April 1953.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 27 April 1956.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

__kn____  ___gw___  ___wp___  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the




Board recommends that all Department of the Army records of the individual
concerned be corrected by awarding the individual concerned the Purple
Heart for wounds received as a result of enemy action in Korea on 7
November 1951 and the Good Conduct Medal for the period 29 April 1950
through 28 April 1953 and the National Defense Service Medal.




            ____Kathleen Newman____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100103                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040708                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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